Requiring intent in the crime of harassment

Portions of Minnesota’s harassment statute that the Minnesota Supreme Court declared unconstitutional in a June 2019 opinion are amended by a new law that adopts harassment standards that are in federal harassment law.

In the court’s opinion, Minnesota’s harassment statute did not require proof of specific intent and therefore had the potential to criminalize negligent conduct. The new law adds that a person commits harassment only if there is a specific intention to cause harm. This change also addresses concerns that the definition of harassment was overly broad and violated free speech protections in the First Amendment.

The Supreme Court also expressed concern that the threshold for an action to be considered harassment was too low.

The new law raises those thresholds, adding that in order to be criminal harassment, an action must cause a “reasonable fear of substantial bodily harm” in another person or “would reasonably be expected to cause substantial emotional distress” in another person.

Rep. Dave Pinto (DFL-St. Paul) and Sen. Jerry Relph (R-St. Cloud) sponsor the law that takes effect Aug. 1, 2020.

HF4137*/SF4065/CH96

HF4137* / SF4065 / CH96